The Code of Federal Regulations of the United States of America

(b) Grades. Extra heavy oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not "extra heavy," and there shall be added to, and made a part of, the grade designation, preceding the name of the class, the words "Extra Heavy."

§ 26.256 Special grade; Bright oats(a) Definition. Bright oats shall be oats, except Bleached oats, that are of good natural color.

(b) Grades. Bright oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not bright, and there shall be added to, and made a part of, the grade designation, preceding the name of the class, the word "Bright."

§ 26.256a Special grade; Special Red oats. (a) Definition. Special red oats shall be oats of the class Red oats which consist of Columbia oats or other red oats having similar characteristics and may contain not more than 10 percent of other cultivated oats.

(b) Grades. Special red oats shall be graded and designated according to the grade requirements of the standards applicable to such red oats if they were not special, and there shall be added to, and made a part of, the grade designation, immediately preceding the name of the class, the word "Special."

[6 F. R. 417]

§ 26.257 Special grade; Cereal oats(a) Definition. "Cereal oats" shall be any oats, whether sized, clipped, or natural, which contain more than 20 percent of oats and/or other matter except "Fine seeds" that will pass through a 20-gage metal sieve with slotted perforation 0.064 inch wide by % inch long.

(b) Grades. Cereal oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not "cereal" oats, and there shall be added to, and made a part of, the grade designation, the word "Cereal."

[SRA, BAE 144, as amended at 11 F. R. 8711]

§ 26.258 Special grade; Bleached oats-(a) Definition. Bleached oats shall be oats which, in whole or in part, have been treated by the use of sulphurous acid or any other bleaching agent.

(b) Grades. Bleached oats shall be graded and designated according to the

grade requirements of the standards applicable to such oats if they were not bleached, and there shall be added to, and made a part of, the grade designation, the word "Bleached."

§ 26.259 Special grade; Weevily oats(a) Definition. Weevily oats shall be oats which are infested with live weevils or other insects injurious to stored grain.

(b) Grades. Weevily oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not weevily, and there shall be added to, and made a part of, the grade designation, the word "Weevily."

§ 26.260 Special grade; Smutty oats— (a) Definition. "Smutty oats" shall be oats which have the kernels covered with smut spores, or which contain smut masses and/or smut balls in excess of 0.2 percent.

(b) Grades. Smutty oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not smutty, and there shall be added to, and made a part of, the grade designation, the word "Smutty."

[SRA, BAE 144, as amended at 11 F. R. 8711.]

§ 26.261 Special grade; Ergoty oats(a) Definition. Ergoty oats shall be oats which contain ergot in excess of 0.3 percent.

(b) Grades. Ergoty oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not ergoty, and there shall be added to, and made a part of, the grade designation, the word "Ergoty."

§ 26.262 Special gr a de; Garlicky oats-(a) Definition. Garlicky oats shall be oats which contain four or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 500 grams of oats.

(b) Grades. Garlicky oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not garlicky, and there shall be added to, and made a part of, the grade designation, the word "Garlicky."

§ 26.263 Grade factors; definitions— (a) Basis of grade determinations. All determinations shall be upon the basis of the lot of grain as a whole.

(b) Percentages. Percentages, except

in the case of moisture, shall be percentages ascertained by weight.

(c) Percentage of moisture. Percentage of moisture shall be that ascertained by the air oven and the method of use thereof described in Service and Regulatory Announcements No. 147 of the Agricultural Marketing Service of the United States Department of Agriculture, or ascertained by any device and method which give equivalent results in the determination of moisture.

(d) Test weight per bushel. Test weight per bushel shall be the weight per Winchester bushel as determined by the testing apparatus and the method of use thereof described in Bulletin No. 1065, dated May 18, 1922, issued by the United States Department of Agriculture, or as determined by any device and method which give equivalent results in the determination of test weight per bushel.

(e) Foreign material. Foreign material shall include all matter except kernels and pieces of kernels of cultivated oats, other grains, and wild oats; but shall include oats clippings and detached hulls.

(f) Other grains. Other grains shall include wheat, rye, corn, grain sorghums, barley, hull-less barley, flaxseed, emmer, spelt, einkorn, Polish wheat, poulard wheat, cultivated buckwheat, and soybeans.

(g) Sound cultivated oats. Sound cultivated oats shall be all kernels and pieces of kernels of cultivated oats which are not heat damaged, sprouted, frosted, badly ground damaged, badly weather damaged, or otherwise materially damaged.

(h) Heat-damaged kernels. Heatdamaged kernels shall be kernels and

1.

2.

31

Sample grade

Grade No.

pieces of kernels of cultivated oats, other grains, and wild oats, which have been materially discolored and damaged by external heat or as a result of heating caused by fermentation.

(i) Fine seeds. Fine seeds shall include all matter which can be removed from oats by the use of a metal sieve perforated with equilateral triangular perforations the inscribed circles of which are 64 inch in diameter.

[SRA, BAE 144, as amended at 11 F. R. 8711, 13 F. R. 8727]

OFFICIAL GRAIN STANDARDS OF THE UNITED 1 STATES FOR FEED OATS 1

§ 26.301 Terms defined. For the purposes of the official grain standards of the United States for Feed oats:

(a) Feed oats. Feed oats shall be any grain which consists of either (1) 30 percent or more but less than 80 percent of cultivated oats, but not less than 65 percent of cultivated and wild oats combined, or (2) 80 percent or more of cultivated oats and more than 10 percent of wild oats. Feed oats may contain not more than 25 percent of other grains, and may contain not more than 10 percent of foreign material, which 10 percent may include not more than 5 percent of fine seeds.

(b) Grades. Feed oats shall be graded and designated according to the respective grade requirements of the numerical grades and Sample grade of these standards, and according to the special grades when applicable.

6

4

Sample grade shall include feed oats which do not come within the requirements of any of the grades from No. 1 to No. 3, inclusive; or which contain more than 16 percent of moisture; or which are musty or sour, or heating, or hot; or which have any commercially objectionable foreign odor except of smut or garlic; or which contain seeds of wild bromegrasses of a character and in a quantity sufficient to cause the grain to be of low quality for feeding purposes; or which are otherwise of distinctly low quality.

1 Feed oats that are badly stained or materially weathered shall not be graded higher than No. 3.

(b) Grades.

Extra heavy oats shall

be graded and designated according to the grade requirements of the standards applicable to such oats if they were not "extra heavy," and there shall be added to, and made a part of, the grade designation, preceding the name of the class, the words "Extra Heavy."

§ 26.256 Special grade; Bright oats(a) Definition. Bright oats shall be oats, except Bleached oats, that are of good natural color. (b) Grades. Bright oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not bright, and there shall be added to, and made a part of, the grade designation, preceding the name of the class, the word "Bright."

§ 26.256a Special grade; Special Red oats. (a) Definition. Special red oats shall be oats of the class Red oats which consist of Columbia oats or other red oats having similar characteristics and may contain not more than 10 percent of other cultivated oats.

(b) Grades. Special red oats shall be graded and designated according to the grade requirements of the standards applicable to such red oats if they were not special, and there shall be added to, and made a part of, the grade designation, immediately preceding the name of the class, the word "Special."

[6 F. R. 417]

§ 26.257 Special grade; Cereal oats(a) Definition. "Cereal oats" shall be any oats, whether sized, clipped, or natural, which contain more than 20 percent of oats and/or other matter except "Fine seeds" that will pass through a 20-gage metal sieve with slotted perforation 0.064 inch wide by % inch long.

(b) Grades. Cereal oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not "cereal" oats, and there shall be added to, and made a part of, the grade designation, the word "Cereal."

[SRA, BAE 144, as amended at 11 F. R. 8711]

§ 26.258 Special grade; Bleached oats-(a) Definition. Bleached oats shall be oats which, in whole or in part, have been treated by the use of sulphurous acid or any other bleaching agent.

(b) Grades. Bleached oats shall be graded and designated according to the

grade requirements of the standards applicable to such oats if they were not bleached, and there shall be added to, and made a part of, the grade designation, the word "Bleached."

§ 26.259 Special grade; Weevily oats— (a) Definition. Weevily oats shall be oats which are infested with live weevils or other insects injurious to stored grain.

(b) Grades. Weevily oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not weevily, and there shall be added to, and made a part of, the grade designation, the word "Weevily."

§ 26.260 Special grade; Smutty oats— (a) Definition. "Smutty oats" shall be oats which have the kernels covered with smut spores, or which contain smut masses and/or smut balls in excess of 0.2 percent.

(b) Grades. Smutty oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not smutty, and there shall be added to, and made a part of, the grade designation, the word "Smutty."

[SRA, BAE 144, as amended at 11 F. R. 8711.]

§ 26.261 Special grade; Ergoty oats(a) Definition. Ergoty oats shall be oats which contain ergot in excess of 0.3 percent.

(b) Grades. Ergoty oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not ergoty, and there shall be added to, and made a part of, the grade designation, the word "Ergoty."

§ 26.262 Special gr a de; Garlicky oats (a) Definition. Garlicky oats shall be oats which contain four or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets, in 500 grams of oats.

(b) Grades. Garlicky oats shall be graded and designated according to the grade requirements of the standards applicable to such oats if they were not garlicky, and there shall be added to, and made a part of, the grade designation, the word "Garlicky."

§ 26.263 Grade factors; definitions(a) Basis of grade determinations. All determinations shall be upon the basis of the lot of grain as a whole.